Is water from a jointly developed source owned by the developers?

General Chapter

Al-Mughni

Book of Reviving Dead Land

Book 26 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a group jointly develops and channels a water source, they own the source and its channels proportional to their investment and labor, similar to previous discussions. However, the water itself remains unowned (Mubah) because it enters their private domain, analogous to game entering one's orchard.

Supporting text

The stronger of two narrations suggests that the water itself remains unowned despite the ownership of the source structure.